, and there is no evidence that it helps the economy or even helps investment. >> reporter: bob mcintyre of citizens for tax justice says the tax code's treatment of capital gains creates confusion, complexity, and plenty of ways for people to score lower tax rates. >> it's also the reason why... the biggest reason why the tax code is so complicated. because people who can do it take their wages or other forms of income and manage to get them treated as capital gains. >> reporter: long-term capital gains are taxed at 15% now. but if there is no solution to the fiscal cliff, it will increase to 20%. sylvia hall, nbr, washington. >> tom: energy is one of those political issues that is part economic and part foreign policy. and it plays out every day in the trading pits. november crude oil futures settled at $91.37, down nearly half a percent. we continue our series "politics and the pits" with erika miller and oil trader john netto, president of m-3 capital. tomorrow, we continue "politics >> how are traders in general viewing the election? >> well, the election is opinions aside, and no entity. obama is ahea